NOAA Civil Rights Office

Complaints of Discrimination

EMPLOYMENT DISCRIMINATION IS ILLEGAL

Equal Employment Opportunity (EEO) is the law. It is the policy of the Government of the
United States to provide equal opportunity in Federal employment and to prohibit discrimination
in employment based on race, color, religion, sex, national origin, age, disability, retaliation,
genetic information, or sexual orientation.

NOAA promotes EEO for all individuals and will not tolerate any form of discrimination in the
workplace. NOAA takes seriously its responsibility to prevent discrimination by removing any
barriers that may limit opportunities. Every effort must be made by management officials to
ensure that this commitment is reflected in all of the actions and policies of the organization.
However, if employees of NOAA or applicants for employment with NOAA believe that this
commitment is not being met, they may seek guidance and assistance through the EEO
complaint process. As an employee, applicant for employment with NOAA, or former
employee, individuals have the right to avail themselves of the EEO complaint process without
fear of retaliation.

The EEO Complaint Process is described in detail regarding the overview of how to
manage EEO Complaints in the Federal Sector. Review the Equal Employment
Opportunity Commissions' (EEOC) Management Directive-110 and the EEOC's
regulation at 29 Code of Federal Regulation (CFR) Part 1614.

EEO Counseling: An Overview of the Informal Complaint Process

Aggrieved persons who believe they have been discriminated against on the basis of race, color, religion, sex
national origin, age, disability, retaliation, genetic information, or sexual orientation must consult a Counselor prior
to filing a complaint in order to try to informally resolve the matter.

An aggrieved person must initiate contact with a Counselor within 45 days of the date of the matter alleged to be
discriminatory or, in the case of personnel action, within 45 days of the effective date of the action.

The Counselor must ensure that the Aggrieved Person understands his/her rights and responsibilities in the EEO
complaint process, including the option to elect ADR.

The Counselor should further explain the complaint process and timeframes.

The Counselor must attempt resolution within 30 days of contact by the Aggrieved Person. Counseling can be
extended for an additional 60 days if the Aggrieved Person agrees in writing to the extension. The NOAA Civil
Rights Office must approve the request. The total counseling period shall not exceed 90 days. Where the Aggrieved
Person chooses to participate in the ADR process, the pre-complaint processing period shall be 90 days.

If the ADR program is available, the Aggrieved Person will have to exercise an election option, and decide whether
to seek pre-complaint resolution through the ADR process or through the traditional EEO counseling process. In
this regard, at the initial counseling session, the Counselor should:

Inform the Aggrieved Person about the differences between the two processes.

Determine the claim(s) and basis(es) raised by the potential complaint.

Conduct an inquiry during the initial interview with the Aggrieved Person for the purposes of determining
jurisdictional questions. It includes obtaining enough information concerning the claim(s) and basis(es) so
as to enable the Department of Commerce Office of Civil Rights (DOCOCR) to properly identify the legal
claim raised if the individual files a complaint at the conclusion of the EEO counseling process.

Seek a resolution of the dispute at the lowest possible level, unless the Aggrieved Person elects to
participate in the agency's ADR program where the agency agrees to offer ADR in a particular case. If the
dispute is resolved in counseling, the Counselor must document the resolution in a settlement agreement.

Advise the Aggrieved Person of his/her right to file a formal discrimination complaint if attempts to resolve
the dispute through EEO counseling or ADR fail to resolve the dispute.

Prepare a report sufficient to document that the Counselor undertook the required counseling actions and to
resolve any jurisdictional questions that arise.

Formal Complaint Process Overview

The DOC OCR is responsible for acceptance or dismissal, investigation, EEO hearing, Final
Decisions, and appeals. A complaint must be filed within 15 days of receipt of the notice of
right to file. Immediately upon receipt of a formal complaint of discrimination, the DOC OCR
will acknowledge receipt of the complaint in writing. The complaint must contain a signed
statement from the person claiming to be aggrieved or that person's attorney. The statement
must be sufficiently precise to identify the aggrieved individual and the agency to describe
generally the action(s) or the practices that form the basis of the complaint. The DOC OCR will
send the complainant an acceptance letter stating the claims accepted for investigation. A copy
of the acceptance letter is provided to the NOAA Civil Rights Office. The DOC OCR provides a
copy of the letter to the servicing Headquarters or field office attorney. The DOC OCR assigns a
contractor or staff investigator to investigate the complaint. The EEO Investigator will contact
the NOAA Civil Rights Office to determine the responsible management official named in the
dispute and request a list of documents regarding the complaint.